Legal rights of an arrested person.

Ladhu Ram Chowdhary (Querist) 21 June 2011 This query is : Resolved
1. What procedural aspects are to be kept in view while dealing with property seized u/s. 102 Cr.P.C. and seizure is reported to a Magistrate ?

A vehicle bearing some registration number is seized by Police Officer u/s. 102 Cr.P.C. and seizure is reported to the Magistrate concerned without naming the registered owner. Whether that Magistrate should issue proclamation u/s. 457 (2) only or should hold enquiry about registered owner. Whether Police Officer himself should have held inquiry about owner/registered owner before reporting seizure to the Magistrate ? Can such property be sold through auction as an interim measure without making any effort for finding our its owner ?

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Guest (Expert) 21 June 2011
it is just a suspicion that the vehicle is involved in certain crime or it is a stolen vehicle. If the real owner come to court and files proper papers the property will be returned to him and the matter will be closed. if no body turns out the property can be sold in auction after certain period and the amount will be kept in court deposit.

Ajay Bansal (Expert) 22 June 2011
Agreed with aforesaid view.

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